Our Liability to You Sample Clauses

Our Liability to You. The Report is provided for your use, and the Surveyor cannot accept responsibility if it is used, or relied upon, by anyone else. 10.1 If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence in respect of the Services provided to You by Us but We are not responsible for any loss or damage that is not foreseeable. You are advised and agree that our terms supersede those of the RICS regulation and RICS Survey Standards and Survey Practice Notes. 10.2 In accordance with Clause 8 We are also not responsible for any loss or damage caused by the Surveyor’s breach of his/her own Terms and Conditions or caused by his professional negligence or anything which is not otherwise dealt with in this Agreement. If You think the Surveyor has been negligent You are entitled to lodge a formal complaint with The Property Ombudsman. 10.3 Loss or damage is foreseeable if it was an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this contract. We will be indemnified by you including all our employees, agents and directors against any claims, losses, damages, liabilities, costs and expenses incurred arising out of or related to any actual or threatened claim against Precision Surveyors (or any of its employees, agents and directors) which involves you. 10.4 We only supply the Services for domestic and private purposes. You in turn agree not to use the Services for any commercial, business or re-sale purpose, and We have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity. 10.5 We do not exclude or limit in any way Our liability for: 10.5.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors; 10.5.2 fraud or fraudulent misrepresentation; 10.5.3 breach of the Terms implied by Section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and 10.5.4 breach of the Terms implied by Sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples). 10.5.5 Should the Client suffer loss as a result of any breach of contract or negligence on the part of the Company, Our liability shall be limited to a just and equitable proportion of that loss having regard to the extent of responsibility of any other party. Our liabilit...

Our Liability to You. If the contract we have with you is not performed or is improperly performed by us or our suppliers we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. However we will not be liable where any failure in the performance of the contract is due to: you; or a third party unconnected with the provision of the travel arrangements and where the failure is unforeseeable or unavoidable; or unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall. Our liability, except in cases involving death, injury or illness, shall be limited to a maximum of two times the cost of your travel arrangements. Our liability will also be limited in accordance with and/or in an identical manner to (a) The contractual terms of the companies that provide the transportation and/or services for your travel arrangements. These terms are incorporated into this contract; and (b) Any relevant international convention, for example the Montreal Convention in respect of travel by air, the Athens Convention in respect of travel by sea, the Berne Convention in respect of travel by rail and the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim for death, injury, delay to passengers and loss, damage and delay to luggage. We are to be regarded as having all benefit of any limitation of compensation contained in these or any conventions. You can ask for copies of the transport companies' contractual terms, or the international conventions, from our office. Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. However reimbursement in such cases will not automatically entitle you to a refund of your holiday cost from us. Your right to a refund and/or compensation from us is set out in clause 6 and 7. If any payments to you are due from us, any payment made to you by the airline will be deducted from this amount.

Our Liability to You. 24.1 We (including our directors, officers and agents) shall not be responsible to you or any third party for: (a) any loss, expense, cost or damages (together "Loss") you suffer or incur as a result of our/their acts or omissions unless and to the extent that such Loss is suffered or incurred as a result of our/their fraud, negligence or wilful default; (b) any Loss which is not a foreseeable result of us breaching this Agreement, including but not limited to, loss of future profit, loss of business, loss of goodwill or reputation, loss or corruption of data or loss of opportunity; (c) any Loss you suffer or incur as a result of any error in any Order or instruction which is, or appears to be, made using your Access Code; (d) any Loss you suffer as a result of your use of or inability to use Third Party Software; (e) any decline in the value of your investments; (f) any delay or change in market conditions before any Transaction is effected; (g) the solvency, acts or omissions of any third party (except where we have been negligent in appointing that third party); (h) any delay, failure or error by you in implementing any reasonable instruction we have provided to you; (i) any inaccurate or incomplete instructions received from you; (j) any losses you suffer as a result of any other person, whether authorised or unauthorised by you, gaining access to your Account using your Access Code or by any other means; (k) inaccessibility or disruption to, or errors or defects with, or viruses, worms or software bombs spreading from, the Trading Platform unless due to our fraud, negligence or wilful default; (l) any interruption or destruction to the Trading Platform due to circumstances beyond our reasonable control; (m) our refusal to execute any Transaction; (n) any Account Adjustment (including without limitation, the reversal or amendment of any Transaction); (o) any failure, delay or error in executing or confirming any Transaction; or (p) us exercising or failing to exercise our rights under this Agreement (including, without limitation, in the circumstances set out in paragraph 13.13). 24.2 Nothing in this Agreement excludes or restricts any duty or liability we owe you under any Applicable Law, and if there is any conflict between this Agreement and the provisions of any Applicable Law, the provisions of the Applicable Law shall prevail. 24.3 Nothing in this Agreement or otherwise shall oblige us to do anything we believe to be contrary to Applicable Law.

Our Liability to You. We shall be liable to you only for any loss or damage which you may suffer as a result of being a Platform member or using the Platform to the extent that such loss or damage directly arises from our material breach of this Agreement or was the direct result of wilful default or fraud by us. Notwithstanding the foregoing, we shall not be liable to you for any loss or damage in respect of any matter for which liability is expressly excluded under this or any other Platform Agreement, or arising out of or in connection with any error or inaccuracy in the data entered by you or another Platform member or any misrepresentation or wilful misconduct or any other act of another Platform member. We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, cost or expense, unforeseeable losses or damages, loss of profit, loss of business, lost or wasted management time or time of other employees, loss of reputation, depletion of goodwill or loss, damage or corruption of data. Our liability to you for any loss or damage arising in connection with your investment in a particular business shall be limited to no more than the amount you invested in such business through the platform (without regard to any subsequent appreciation in the value of the shares purchased with that investment). You agree that any legal action against us is permitted only on an individual basis, and that you will not initiate or join any purported or actual class or consolidated actions against us. Nothing in this Agreement shall limit our liability for personal injury or death, fraud or any other liability the exclusion or limitation of which is not permitted by applicable law or regulation.

Our Liability to You. 18.1. We must comply with Our obligations in this Agreement.

Our Liability to You. 16.1. We shall not be liable to You in any event for consequential, indirect or special damages or for loss of profit, and shall not otherwise be liable to You. The liability shall be limited to an amount equal to the average monthly Fees payable by You to Us for the related Service for twelve (12) months starting from the commencement date of the Agreement.

Our Liability to You. 11.1 Nothing in these Terms and Conditions shall limit or exclude our liability for anything which cannot be excluded by law (including but not limited to death or personal injury caused by our negligence or fraud or fraudulent misrepresentation). 11.2 Except as expressly and specifically provided in this Agreement: 11.2.1 You assume sole responsibility for results obtained from Your use of the Services, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Us by You in connection with the Services; 11.2.2 all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and 11.2.3 the Services are provided to You on an ‘as is’ basis. 11.3 We shall under no circumstances be liable for any loss You suffer, where you have modified or varied the Services being provided to You. 11.4 We shall under no circumstances whatsoever be liable to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or indirect or consequential loss arising under or in connection with the Agreement. 11.5 Our total liability to you in respect of all other losses arising under or in connection with the Agreement whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the lesser of £100,000 or the payment you have made for the Services in the last 12 months. 11.6 We are unable to make any representations, warranties or guarantees, whether express or implied, that the content on the Services provided through, derived from or reliant upon another source or created or updated by third parties is accurate, complete or up-to-date. 11.7 We cannot guarantee that the Services will not be uninterrupted or delayed, and cannot be held liable for any loss you suffer as a result of interruptions or delays. 11.8 We cannot guarantee that the Services will produce your desired result or be what you expected and we cannot be held liable for this. 11.9 Whilst we will use our reasonable endeavours to ensure that all necessary steps are taken to safeguard the data You provide in accordance with the Services, You are responsible for the back up of all data you own, and we cannot be held responsible for the loss or corruption of yo...

Our Liability to You. 25.1. We must accept responsibility under the general law if We cause You any injury because of Our negligence. 25.2. We accept liability for the actions or neglect of Our staff and contractors only for damage, loss or injury which occurs whilst they are carrying out Our instructions. 25.3. We do not accept liability for damage to property or possessions unless the damage occurred because We or Our staff failed to comply with Our obligations in these terms and conditions. Our liability to You for damage to Your property or possessions is a maximum of £100. 25.4. The Operator or the College is not liable for things which are outside of its reasonable control, such as severe weather conditions, equipment or power failures, mechanical breakdown, internet outage, intruders or other residents behaving inappropriately, mechanical breakdown, shortages of fuel/materials, labour disputes, student action or necessary maintenance, repair, or replacement. This is not an exhaustive list. The Operator or the College will only be liable for mechanical failure if it was caused by the Operator or the College’s failure to keep the equipment serving the Residence properly maintained and only if the failure lasts more than 48 hours. 25.5. We have the right to carry out any alterations or building works at the Accommodation, the Hall and /or on our adjourning or neighbouring property without liability for disturbance provided that, as far as practicable, we have used reasonable endeavours to minimise any disturbance.

Our Liability to You. 13.1. Unless we have otherwise agreed with you in writing, we shall treat your instructions to us to place or renew your insurance cover as acceptance of the limitation of our liability to you and to any other person with an interest in your insurance cover. 13.2. Our aggregate liability and the liability of our Affiliates to you, on any basis (including for example for breach of contract or negligence), arising out of or in connection with these Terms of Business, shall be limited in total to £1,250,000. We shall not be liable to you in any circumstances for any special indirect or consequential loss or loss of profits. These provisions shall not apply to any liability which cannot lawfully be excluded or limited. 13.3. This limitation of liability clause shall survive termination of these Terms of Business. 13.4. You agree that if you do not notify us of material facts and circumstances relevant to the risk to be insured, including those which may arise during the period of your insurance cover, then this will be treated by us as a statement that you have no information to supply in relation to that fact or circumstance. If you do not understand any point please ask for further information.